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North Van CAO loses Port Moody council seat in tiebreaker draw

Following a tie in a judicial recount, the council seat was decided by a judge who randomly drew a name from a container. David Stuart lost the draw to Amy Lubik.
amylubikdavidstuartportmoodycouncilrecountoct262022
Incumbent candidate Amy Lubik and David Stuart were tied following a judicial recount. Lubik's name was randomly drawn by a judge after that.

District of North Vancouver CAO David Stuart will no longer be balancing his job as top civil servant in North Vancouver with an elected position on Port Moody council.

Following a judicial recount this week, and a piece of paper randomly drawn from a container, Stuart has found himself “unelected” while incumbent councillor Amy Lubik has been declared elected to Port Moody council.

It’s a dramatic change of fortune for Stuart, who was declared the winner of the last spot on council with a 3,595 votes – a razor-thin two-vote margin over Lubik.

Following a standard recount which confirmed that result, Lubik filed a request for a judicial recount this week, claiming two of the ballot machines showed "irregularities."

The partial recount under the judge resulted in a tie, with both Stuart and Lubik having an equal number of votes.

Under the Local Government Act, when that happens, both candidates' names are written on pieces of paper and folded for a presiding judge to randomly draw out of container to declare the winner.

In this case, Lubik was declared the winner.

Had fate decided otherwise, Stuart would have been in the unusual position of working as the top civil servant for the District of North Vancouver while at the same time being elected to another municipal council.

Stuart earlier told the North Shore News he has been politically active in his home community of Port Moody for many years as a private citizen while also serving as CAO of both the District of North Vancouver and the District of West Vancouver for decades.

Stuart was not immediately available for comment following the judicial recount.